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CALDWELL ET UX. v. COM. OF PA. ET AL.

No. 1593 C.D. 1987.

120 Pa.Commw. 358 (1988)

548 A.2d 1284

David Caldwell and Marilyn Caldwell, his wife, Appellants v. Commonwealth of Pennsylvania et al., Appellees.

Commonwealth Court of Pennsylvania.

August 4, 1988.

Attorney(s) appearing for the Case

Michael E. Dunlavey, for appellants.

John H. Bingler, Jr., with him, Deborah P. Powell, Thorp, Reed & Armstrong, and John P. Marti, Harper & Marti, for appellee, Bell Telephone Company of Pennsylvania.

Brian H. Baxter, Senior Deputy Attorney General, with him, Mark E. Garber, Chief, Tort Litigation Unit, John G. Knorr, III, Senior Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for appellee, Commonwealth of Pennsylvania.

Argued March 25, 1988, before Judges BARRY and SMITH, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE SMITH, August 4, 1988:

David and Marilyn Caldwell (Appellants), husband and wife, appeal from an order of the Court of Common Pleas of Warren County which granted summary judgment in favor of Bell Telephone Company of Pennsylvania (Bell). The question presented is whether the trial court erred in granting summary judgment on the ground that it was not reasonably foreseeable by Bell that placement of its telephone pole within proximity of a highway...

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